민사사건 관련서류의 작성

제1장 총 론
제1절 소의 제기 ······························································································· 3
Ⅰ. 소 제기시의 검토사항 3 Ⅱ. 소장의 작성 13
제2절 소장의 기재사항 ··················································································· 14
Ⅰ. 표 제 14 Ⅱ. 당사자 14
Ⅲ. 당사자의 주소의 표시 25 Ⅳ. 대리인·대표자 등의 표시 30
Ⅴ. 사건의 표시 36
제3절 소각하판결을 하여야 할 경우 ····························································· 38
Ⅰ. 법원에 관한 訴訟要件의 흠 38
Ⅱ. 당사자에 관한 소송요건의 흠 38
Ⅲ. 소송물에 관한 소송요건의 흠 42
Ⅳ. 소장의 기재사항·인지의 흠을 간과하고 소장이 송달된 후
이를 발견한 경우 45
제4절 각종 소의 유형별 청구취지 ································································ 47
Ⅰ. 이행청구 47 Ⅱ. 確認請求 97
Ⅲ. 形成請求 100 Ⅳ. 병합청구 112
제5절 소송비용의 부담 ················································································· 120
Ⅰ. 총 설 120 Ⅱ. 訴訟費用 負擔에 관한 原則 122
Ⅲ. 訴訟費用 敗訴者負擔主義의 예외 122
Ⅳ. 特殊한 경우 123
제6절 가집행선고 ·························································································· 125
Ⅰ. 총 설 125 Ⅱ. 假執行宣告의 要件 125
Ⅲ. 假執行宣告의 必要性 126 Ⅳ. 假執行宣告의 方式 127
Ⅴ. 假執行免除宣告 128
Ⅵ. 假執行宣告의 裁判에 대한 不服 129
제7절 청구원인 ······························································································ 131
Ⅰ. 총 설 131 Ⅱ. 이행청구 133
Ⅲ. 확인청구 138 Ⅳ. 형성청구 140
제8절 부수적 기재사항 ················································································· 144
Ⅰ. 입증방법 144 Ⅱ. 첨부서류 145
Ⅲ. 작성 연월일 146
Ⅳ. 작성자의 기명날인 또는 서명 146
Ⅴ. 법 원 147 Ⅵ. 인지의 첩부 147
Ⅶ. 소송물의 가액 등 148 Ⅷ. 송달료 187

제2장 요건사실론
제1절 총 론 ······························································································· 195
Ⅰ. 요건사실의 의의 195 Ⅱ. 요건사실과 입증책임 197
Ⅲ. 요건사실과 주장책임 198 Ⅳ. 사실의 가분·불가분 206
Ⅴ. 공격방어방법으로서의 요건사실 208
제2절 분쟁유형별 요건사실 ········································································ 212
Ⅰ. 매매계약에 기한 청구 212 Ⅱ. 대여금반환청구 228
Ⅲ. 소유권에 기한 부동산 인도·철거·퇴거청구 243
Ⅳ. 각종 등기청구 256 Ⅴ. 임대차계약에 기한 청구 276
Ⅵ. 사해행위 취소청구 291 Ⅶ. 전부금·추심금·양수금청구 304
Ⅷ. 어음금·수표금 청구 312

제3장 소장작성 연습문제
1. 동기의 착오 / 부당이득금반환청구의 소 ··············································· 327
2. 대리권 남용 / 예금채무부존재확인청구의 소 ········································ 336
3. 통정허위표시 / 추심금청구의 소 ···························································· 343
4. 불법말소와 승낙의무 / 근저당권말소회복등기청구의 소 ······················ 355
5. 2차 취득시효 / 소유권이전등기청구의 소 ············································· 362
6. 취득시효 / 소유권이전등기청구의 소 ···················································· 370
7. 계약명의신탁 / 부당이득반환(소유권이전등기 청구의 소) ··················· 377
8. 집합건물, 분리처분금지/소유권이전등기 청구의 소 ······························ 389
9. 법정지상권 / 토지인도 등 청구의 소 ···················································· 403
10. 관습법상 법정지상권 / 토지인도 등 청구의 소 ·································· 413
11. 전세권부 저당권의 효력 / 전세권설정등기말소등기청구의 소 ··········· 421
12. 전세권의 분리양도 / 전세권설정등기말소등기 청구의 소 ················· 430
13. 제3자 명의의 담보가등기 / 담보가등기말소회복청구의 소 ················ 437
14. 공동저당 / 변제자 대위, 근저당권이전등기 ········································ 444
15. 채권자대위권 / 소유권이전등기말소등기청구의 소 ····························· 452
16. 채권자대위권 / 건물인도청구 ······························································· 459
17. 채권자취소권 / 사해행위취소청구의 소 ··············································· 470
18. 근저당권설정등기말소와 가액배상 / 사해행위취소등청구의 소 ········· 479
19. 사해행위취소 / 주관적 병합 ································································· 487
20. 사해행위취소 / 배당금지급청구권의 양도 ··········································· 500
21. 사해행위취소 / 계약명의신탁 ······························································· 507
22. 채권양도 / 양수금청구의 소 ································································· 518
23. 병존적 채무인수 / 대여금청구의 소 ···················································· 525
24. 상계, 변제기 기준설 / 추심금 청구의 소 ··········································· 535
25. 부담부증여 / 소유권이전등기말소등기청구의 소 ································· 544
26. 임대차 종료 / 건물명도청구의 소 ························································ 551
27. 임대차(채권가압류) / 추심금 청구의 소 ·············································· 564
28. 토지임대차 / 소유권이전등기 청구의 소 ············································· 572
29. 채권가압류 / 대여금청구의 소 ····························································· 580
30. 사용자 책임 / 손해배상청구의 소 ························································ 586
31. 일상가사대리 / 대여금반환청구의 소 ·················································· 597
32. 친권의 남용 / 소유권이전등기말소등기청구의 소 ······························· 605
33. 상속회복청구의 소 / 소유권이전등기말소등기청구의 소 ···················· 611
34. 한정승인 / 구상금청구의 소 ································································· 618

제4장 법무사시험 기출문제
제7회 소장기출문제 ······················································································ 631
제8회 소장기출문제 ······················································································ 638
제9회 소장기출문제 ······················································································ 647
제10회 소장기출문제 ···················································································· 653
제11회 소장기출문제 ···················································································· 659
제12회 소장기출문제 ···················································································· 668
제13회 소장기출문제 ···················································································· 677